Facts
A., born in 1963, and B., born in 1965, married in 2001. In August 2011, the spouses terminated their joint household, and the separation had to be regulated by a matrimonial protection judge. By decision of October 6, 2011, A. was obliged to pay B., in addition to child support, a contribution of CHF 4,300 towards her maintenance.
A. was dismissed by his employer at the end of October 2014. After an unsuccessful job search, he became self-employed. On September 17, 2015, A. applied for a modification of the matrimonial protection rulings. By decision of December 8, 2015, the President of the Court reduced the maintenance contributions. The appeal filed by B. against this was partially upheld by the High Court. A. is filing a civil law appeal to further reduce the maintenance contributions to B.
Considerations
According to case law, a modification of matrimonial protection measures requires that a significant and permanent change has occurred since the judgment became legally binding. A ground for modification also exists if the factual findings underlying the measure decision subsequently prove to be incorrect or do not materialize as predicted.
Income from self-employment is considered the net profit, which is either shown as an asset gain or as profit in a proper profit and loss statement. A self-employed spouse can generally only demonstrate a permanent change in income circumstances through several annual financial statements showing steadily declining earnings.
Where a spouse involuntarily loses their job during the…